Fourth Amendment
U.S. v. Simons - Outcomes
US v Simons
Arguably DoD has a policy that meets the Simons\' criteria in DoD Directive 8500.1 and DoD Instruction 8500.2. Nevertheless, some senior government attorneys have taken the position that reliance on this factor alone should be avoided until Simons\' is more widely adopted by other circuits. In the interim, use the policy as a factor and consider other factors also, such as the presence of required consent banners and other Ortega-type factors. It should be noted that the court separately analyzed the remote search of Simons\' computer \(from a system administrator\'s computer\) and the physical search of Simons\' computer \(effected by physically entering Simons\' office\). In the latter, not only must one consider Simons\' reasonable expectation of privacy in his computer files, but any reasonable expectation of privacy he may or may not enjoy in his office.
D
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